Interesting People mailing list archives

IP: The Death of Copyright


From: Dave Farber <farber () cis upenn edu>
Date: Sun, 02 Jul 2000 22:00:17 -0400



Date: Sun, 02 Jul 2000 18:32:48 -0700
From: "Tim O'Reilly" <tim () oreilly com>
To: farber () central cis upenn edu
Subject: The Death of Copyright

Energetic and readable article on the atrocities being performed on
copyright law.  Mostly focuses on music, but has some interesting
historical anecdotes and some great sidebar quotes:

   http://www.macedition.com/soup/soup_20000627a.shtml

I'm a publisher, and I agree that copyright law is getting way out of
hand.  Between software patents and extensions to copyright, we're
undermining the foundations of our culture's past success, which has
been based on free exchange of ideas.  Here's to the coming dark ages!

An excerpt:

In the past century, though, the wealthy and powerful have been 
lobbying long
and hard through international consortiums such as WIPO to shift the 
balance of
power back to the publisher. Fourteen years became thirty. Then seventy 
five years.
Then it became the life of the copyright holder. Then it became life plus
thirty. Now it's life plus seventy years, applied retroactively, and 
ninety-five
years if the copyright holder is a corporation instead of a person. No 
copyright
held by a corporation has passed into the public domain since the first 
World
War. Nothing at all has passed into the public domain since the end of the
second world war unless the author donated it. As bad as that is, the 
fallout
from the murder of copyright in the music industry is far, far worse. 
You see,
most of the music you hear on the radio is considered "work for hire", 
which
means even though the artist created and performed the music, the 
record studio
owns all rights to it. This was unpleasant, but accepted by early recording
artists, because, after all, work for hire reverted from its owner to its
creator after 35 years. This was changed under the Digital Millennium 
Copyright
Act so record companies, immortal entities, now own the copyrights in 
effective
if not literal perpetuity. Tom Petty and Metallica will never own the 
music they
wrote and performed while under a "work for hire" clause.

Copyright is dead, a murder most foul, and the effect it's had on our 
society,
civilization, and culture is heartbreaking.



--
Tim O'Reilly @ O'Reilly & Associates, Inc.
101 Morris Street, Sebastopol, CA 95472
+1 707-829-0515, FAX +1 707-829-0104
tim () oreilly com, http://www.oreilly.com


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